Friday, December 4, 2009

I realize that you are a new Commissioner as of this last year. I am concerned that you could make your ruling on approving these licenses surrounding Bear Butte without fully being aware of what the guidelines and basis for approval or denial even are.

Here is the info as per South Dakota Legislative Research Council’s Memo 94-32 “A SUMMARY OF ALCOHOLIC BEVERAGE LICENSING PROVISIONS”

"depending on whether" the secretary or governing board "deems the applicant a suitable person to hold such license and whether" the secretary or governing board "considers the proposed location suitable.

35-2-1.2. Applications submitted to local governing board--Fee--Approval or disapproval. Any application for a retail license, except as set forth in § 35-2-1.1, shall be submitted to the governing board of the municipality within which the applicant intends to operate, or if outside the corporate limits of a municipality, to the board of county commissioners of the county in which the applicant seeks to operate. The application shall be accompanied by the required fee. The governing board may approve or disapprove the application depending on whether the governing board deems the applicant a suitable person to hold the license and whether the governing board considers the proposed location suitable.

So what you are stating is that MCC does NOT have a written policy on what classifies as “not a suitable location?”

Chairman Mallow very clearly stated in the hearing in June 2008 that if the location was next to a church or school, the location could potentially be denied a license.

If there is no written factors for this stipulation, then what basis has the Commissioners been using all this time in their determinations? There has to be some legal guidelines used in rulings.

Again, I am requesting the documentation on this provision.

I do not feel that I need to make an appointment to be on an agenda to discuss this issue. It should be something that the Commissioners have upon request of the voters, since they have been ruling on it for five years!

I'm sure others can correct anything incorrect in the following reply:

* Meade County has not adopted formal criteria for "suitable location" for a liquor or been license.

* Meade County has not adopted a policy that proximity to churches shall be considered in issuing such licenses.

* Meade County has not adopted a definition of "church" for alcohol licensing purposes.

It has been our practice that any Meade County resident can have a scheduled block of time on an upcoming agenda to discuss issues pertinent to county government. I cannot guarantee that our chairman would allow this topic on our agenda. Our practice has been that those desiring time on our agenda make that request to Joell Romick, and I have added her to the cc line of this message. There is no guarantee that the commission would adopt any particular policy or any policy at all, even if the matter were taken up as an agenda item. The vast majority of South Dakota counties make decisions on the suitability of the location of liquor licenses without such formal policies. If you choose to ask for agenda time, I recommend you have a written proposal for the commission to consider.

On Wednesday, December 2nd Meade County Commissioners held a hearing for the retail on-sale liquor/package liquor licenses renewals for venues surrounding Bear Butte, including Glencoe, Full Throttle, Monkey Rock, Buffalo Chip and Broken Spoke Campground. All five locations renewals were ultimately approved.

As we have clearly stated over the past four years of opposition, Bear Butte is a sacred site and we oppose any liquor licenses being approved surrounding the mountain.

During my testimony of opposition to the renewal of these licenses, I again requested further clarification in which licenses would be denied based upon “location,” in addition to defining the classification for a location being within the boundaries of a church or school.

The Meade County Commissioners distinct stipulation, “not a suitable location” is one of two stipulations that would disqualify a location or person from approval of an alcohol or liquor license in Meade County.

Instead of a response, I received blank stares and NO RESPONSE or acknowledgement from any of the five Commissioners. I repeated my request again, after a few moments Commissioner Aker stated he would respond to my request after all the testimony was completed.My request was NEVER answered by the Commissioners during the hearing.

This complete disregard, non response or acknowledgment of this question was extremely disrespectful and unacceptable. Residents and voters are entitled to a responsible response from the Commissioners, when we are questioning the clarification of your policies.

In June 2008 at the Meade County Commissioners meeting, I questioned the Commission regarding the clarification on the “location” classification, and how they determined this qualification.

Commissioner Mallow responded that if the location was near a church or school, the application would potentially be denied.

My response was these locations are near a church, Bear Butte has been considered a church by Native people for thousands of years. Our church is the mountain and mother earth. It is where we go to pray and to seek guidance from the Creator. Our church is not in a building on a street corner, it is the mountain. It is a church, just as much as yours.

Commissioner Mallow’s only response was, “I will not debate religion with you, Bear Butte or this location does not qualify within the County guidelines of a church.” End of discussion. Refusing to continue the conversation or provide a reasonable explanation for this ludicrous and insulting statement.

If the Commissioners are going to uphold these two distinct stipulations, they are required to clearly define with specific documented legal details, WHY Bear Butte does not qualify for “not a suitable location.” This question has yet to be answered in four years of questioning.

For clarification, I am formally requesting in writing as a local resident and voter, the Meade County Commissioners address the following points in detail with codes, ordinance info or applicable legal documentation to back up the stipulation. The because we say so, is no longer acceptable, legal documentation to back up your decision is hereby requested.

Clearly define:

“not a suitable location”

What basis a license would be denied based upon the criteria of “not a suitable location”

If within a distance of a church or school is in fact a basis of denial for location, clarify the distance of this requirement. Also clarify the definition of church within the ordinance or code.

Please respond in writing via email to tamra@protectsacredsites.org by close of business Tuesday, December 15, 2009.

Whereas traditional American Indian ceremonies have been intruded upon, interfered with, and in a few instances banned;…………… "Joint Resolution American Indian Religious Freedom", approved August 11, 1978 (42 U.S.C. 1996),

Whereas the United States has traditionally rejected the concept of a government denying individuals the right to practice their religion, and as a result, has benefited from a rich variety of religious heritages in this country; ;……… “Joint Resolution American Indian Religious Freedom”, approved August 11, 1978 (42 U.S.C. 1996),

There is no greater atrocity than the continual violation of our religious freedom and inherent right to partake in sacred ceremonies without being spiritually violated, or suffering from the destruction and blatant disregard of our sacred lands.

These Sacred lands are the bloodline and life way of our people and our traditions.

Whereas traditional American Indian ceremonies have been intruded upon, interfered with, and in a few instances banned;…………… "Joint Resolution American Indian Religious Freedom", approved August 11, 1978 (42 U.S.C. 1996),

As predicated, the Meade County Commissioners approved all the liquor licenses for the venues surrounding Bear Butte including, Broken Spoke Campground, Glencoe, Buffalo Chip, Full Throttle and Monkey Rock. Commissioner Doreen Creed voted against renewing both Glencoe and Broken Spoke Campground, the other four Commissioners voted to approve all.

Full Throttle originally was on the agenda, proposing to transfer their license to a new location they purchased, however late yesterday afternoon for unknown reasons, they pulled the transfer request. It is not known at this time if they will pursue this in the future or not. They were attempting to relocate a mile directly west of the Mountain, which would be next to Lower Brule Sioux Tribe’s property on the west side.

We had a very good turnout of supporters, and very heartfelt and emotional testimonies. There was a group of Native students from OLC in Rapid that attended. Would like to thank everyone again for taking the time to attend and oppose these licenses.

Whereas the freedom of religion for all people is an inherent right, fundamental to the democratic structure of the United States and is guaranteed by the First Amendment of the United States Constitution;……… "Joint Resolution American Indian Religious Freedom", approved August 11, 1978 (42 U.S.C. 1996),

The struggle to protect the serenity of Bear Butte from continual encroachment has ultimately developed into a religious freedom vs property rights issue.

There are two distinct stipulations that would disqualify a location or person from applying for an alcohol or liquor license in Meade County. These include, “not a suitable location” and/or “lack of character.”

In June 2008 at the Meade County Commissioners meeting, I questioned the Commission regarding the clarification on the “location” classification, and how they determined this qualification.

Commissioner Mallow responded that if the location was near a church or school, the application would potentially be denied.

My response was these locations are near a church, Bear Butte has been considered a church by Native people for thousands of years. Our church is the mountain and mother earth. It is where we go to pray and to seek guidance from the Creator. Our church is not in a building on a street corner, it is the mountain. It is a church, just as much as yours.

Commissioner Mallow’s only response was, “I will not debate religion with you, Bear Butte or this location does not qualify within the County guidelines of a church.” End of discussion. They refused to continue the conversation or provide a reasonable explanation for this ludicrous, insulting and racist statement.

Again at today’s hearing on December 2nd, 2009, I requested from the Commissioners an explanation for their qualifications in which they would deny licenses based upon “location,” in addition to defining their classification for a location being within the boundaries of a church or school. EVERY one of them stared at me blankly and DID NOT RESPOND. I repeated myself and asked if I was going to get a response. Commissioner Aker stated he would respond to my question at the end of all the testimonies. The others never replied at all. At the end of the testimonies, my question was still NOT ANSWERED. For two years now, I have repeatedly asked this question at every hearing, requesting the basis of the “location’ stipulation. Either there really is no definition, or they just don’t know it, or don’t care. It is one of two stipulations for denial of a license, however they have no explanation on definitions, doesn’t this seem strange?

I will be pursuing this further with the Commissioners and States Attorney, filing a complaint as a local resident and voter. If they are going to continue to have these two stipulations, they need to clarify them.

The other strange incident today was from Broken Spoke Campgrounds attorney. There is still a judgment against Jay Allen for $200k, from an unpaid contractor from 2006. When the Commissioners confronted the attorney about the judgment, he danced around answering questions, on Allen’s involvement with the business and if he still had a vested interest or not. The attorney couldn’t directly answer the question. Their own attorney doesn’t know Allen’s involvement? Everyone knows this entire charade since 2007 was simply a paper shuffle of LLC’s. However, their license was approved anyway.

When will it ever end? When will we finally begin to get support and justice in Indian Country? When will policies and laws finally be enforced, ensuring the protection of religious freedom for all the Indigenous people of this country?